1924th Book3 Title07: Difference between revisions
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== BOOK III ON SPECIFIC CONTRACTS. (April 1924) == | == BOOK III ON SPECIFIC CONTRACTS. (April 1924) == | ||
* | * The following text of the Draft for the Book III of the "Civil and Commercial Code for the Kingdom of Siam" was reconstructed from the Documents in Vols. [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163432 40], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163433 41], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163434 42], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163435 43], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163436 44], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163437 45], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163438 46], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163439 47], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163473 86], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163474 87], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163475 88], and [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163476 89] of '''[https://digital.library.tu.ac.th/tu_dc/frontend/Search/index/collection:39 “The Archives of the History of Thai Codification”]'''. | ||
* For the details, please, refer to the "Introductory Notes" to the '''[https://openlegaltextbook.ddns.net/Centennial/Draft1924/Draft1924_all.pdf ''"Reconstructed Book III on Specific Contracts"'']'''. | * For the details, please, refer to the page of [[1924th Introduction|'''"Introduction'''"]] and the "Introductory Notes" to the '''[https://openlegaltextbook.ddns.net/Centennial/Draft1924/Draft1924_all.pdf ''"Reconstructed Book III on Specific Contracts"'']'''. | ||
'''[[1924th_Book3_Title06|← Previous Page]]''' | '''[[1924th_Book3_Title08|Next Page →]]''' | '''[[1924th_Book3_Title06|← Previous Page]]''' | '''[[1924th_Book3_Title08|Next Page →]]''' | ||
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====== '''Section 628.''' ====== | ====== '''Section 628.''' ====== | ||
* A contract of hire of work is a contract whereby a person, called the contractor, agrees to do a definite work for another person, called hirer of work, and the hirer of work agrees to pay him for the result of the work a remuneration, called the price. | * A contract of hire of work is a contract whereby a person, called the contractor, agrees to do a definite work for another person, called hirer of work, and the hirer of work agrees to pay him <font style='color:maroon'><u>a remuneration</u></font> for the result of the work a remuneration<font style='color:maroon'><s>, called the price</s></font>. | ||
<p align=right><font style='color:darkslategray'>- Commission of Codification, 4th Nov. 1921, [https://openlegaltextbook.ddns.net/Codes/archives/vol040/Vol040_P112.pdf P.40/112]</font></p> | |||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P071b.pdf P.86/71b]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 19: | Line 23: | ||
====== '''Section 629.''' ====== | ====== '''Section 629.''' ====== | ||
* Tools or instruments which are necessary for the execution of the work shall be supplied by the contractor. | * Tools or instruments which are necessary for the execution of the work shall be supplied by the contractor. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P071b.pdf P.86/71b]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 27: | Line 33: | ||
====== '''Section 630.''' ====== | ====== '''Section 630.''' ====== | ||
* If the materials for the work are to be supplied by the contractor, the contractor shall supply materials of good quality. | * If the materials for the work are to be supplied by the contractor, the contractor shall supply materials of good quality. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P071b.pdf P.86/71b]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 35: | Line 43: | ||
====== '''Section 631.''' ====== | ====== '''Section 631.''' ====== | ||
* If the materials are to be supplied by the hirer of work, the contractor shall use them carefully and without waste. He shall return the surplus, if any, after the work is completed. | * If the materials are to be supplied by the hirer of work, the contractor shall use them carefully and without waste. He shall return the surplus, if any, after the work is completed. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P071b.pdf P.86/71b]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 43: | Line 53: | ||
====== '''Section 632.''' ====== | ====== '''Section 632.''' ====== | ||
* If during the execution of the work it becomes apparent that the ground selected by the hirer of work or the materials supplied by him are defective or unsuited to the work, the contractor must notify the hirer of work at once, failing which he shall be liable for the defects or delay caused by the unsuitableness or defects of such ground or materials. | * If during the execution of the work it becomes apparent that the ground selected by the hirer of work or the materials supplied by him are defective or unsuited to the work, the contractor must notify the hirer of work at once, failing which he shall be liable for the defects or delay caused by the unsuitableness or defects of such ground or materials. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P072.pdf P.86/72]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 51: | Line 63: | ||
====== '''Section 633.''' ====== | ====== '''Section 633.''' ====== | ||
* The contractor is bound to allow the hirer of work or his agents to inspect the work during its execution. | * The contractor is bound to allow the hirer of work or his agents to inspect the work during its execution. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P072.pdf P.86/72]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 59: | Line 73: | ||
====== '''Section 634.''' ====== | ====== '''Section 634.''' ====== | ||
* If the hirer of work has reasonable ground to think that for any reason whatsoever except his own act or fault, the work will not be finished within the time fixed in the contract ( or within a reasonable time if no time is fixed in the contract), he may notify the contractor to proceed with the work within a reasonable time to be fixed in the notice. | * If the hirer of work has reasonable ground to think that for any reason whatsoever except his own act or fault, the work will not be finished within the time fixed in the contract ( or within a reasonable time if no time is fixed in the contract), he may notify the contractor to proceed with the work within a reasonable time to be fixed in the notice. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P072.pdf P.86/72]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 67: | Line 83: | ||
====== '''Section 635.''' ====== | ====== '''Section 635.''' ====== | ||
* If for any reason whatsoever except the act or fault of the hirer of work, the work is being badly executed or is being executed contrary to the terms of the contract, the hirer of work may notify the contractor to make the defects good or to comply with the terms of the contract within a reasonable time to be fixed in the notice. | * If for any reason whatsoever except the act or fault of the hirer of work, the work is being badly executed or is being executed contrary to the terms of the contract, the hirer of work may notify the contractor to make the defects good or to comply with the terms of the contract within a reasonable time to be fixed in the notice. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P075.pdf P.86/75]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 75: | Line 93: | ||
====== '''Section 636.''' ====== | ====== '''Section 636.''' ====== | ||
* If the work delivered is defective, the hirer of work must, immediately after the discovery of the defect, notify the contractor to make the defect good within a reasonable time to be fixed in the notice, failing which he is deemed to have accepted the defective work. | * If the work delivered is defective, the hirer of work must, immediately after the discovery of the defect, notify the contractor to make the defect good within a reasonable time to be fixed in the notice, failing which he is deemed to have accepted the defective work. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P075.pdf P.86/75]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 83: | Line 103: | ||
====== '''Section 637.''' ====== | ====== '''Section 637.''' ====== | ||
* If the contractor does not comply with the notice, the hirer of work has the remedies described in this Code concerning non-performance, except that the Court cannot order the work to be done by a third person at the expense of the contractor. | * If the contractor does not comply with the notice, the hirer of work has the remedies described in this Code concerning non-performance, except that the Court cannot order the work to be done by a third person at the expense of the contractor. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P075.pdf P.86/75]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 91: | Line 113: | ||
====== '''Section 638.''' ====== | ====== '''Section 638.''' ====== | ||
* If the materials have been supplied by the contractor, his liability for defects is governed by the provisions of this Code concerning sale. | * If the materials have been supplied by the contractor, his liability for defects is governed by the provisions of this Code concerning sale. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P075.pdf P.86/75]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 98: | Line 122: | ||
====== '''Section 639.''' ====== | ====== '''Section 639.''' ====== | ||
* If the work is delivered after the time fixed in the contract, or, if no time was fixed, after an unreasonable delay, the hirer of work is entitled, as the Court may think fit, either to a reduction of price on cancellation of the contract, with compensation if any be due. | * If the work is delivered after the time fixed in the contract, or, if no time was fixed, after an unreasonable delay, the hirer of work is entitled, as the Court may think fit, either to a reduction of <font style='color:maroon'><s>price</s> <u>remuneration</u></font> on cancellation of the contract, with compensation if any be due. | ||
<p align=right><font style='color:darkslategray'>- Commission of Codification, 4th Nov. 1921, [https://openlegaltextbook.ddns.net/Codes/archives/vol040/Vol040_P112.pdf P.40/112]</font></p> | |||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P076.pdf P.86/76]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 107: | Line 134: | ||
====== '''Section 640.''' ====== | ====== '''Section 640.''' ====== | ||
* If the hirer of work has accepted the work without reservation either expressly or impliedly the contractor is no longer liable for delay in delivery or for defects, unless the defects were such as could not be discovered when the work was accepted, or they had been concealed by the contractor. | * If the hirer of work has accepted the work without reservation either expressly or impliedly the contractor is no longer liable for delay in delivery or for defects, unless the defects were such as could not be discovered when the work was accepted, or they had been concealed by the contractor. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P076.pdf P.86/76]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 114: | Line 143: | ||
====== '''Section 641.''' ====== | ====== '''Section 641.''' ====== | ||
* If the work was done on land and its removal would be unreasonably expensive, the contract shall not be cancelled but the hirer of work shall be entitled to such reduction of price as the Court may think fit. | * If the work was done on land and its removal would be unreasonably expensive, the contract shall not be cancelled but the hirer of work shall be entitled to such reduction of <font style='color:maroon'><s>price</s> <u>remuneration</u></font> as the Court may think fit. | ||
<p align=right><font style='color:darkslategray'>- Commission of Codification, 4th Nov. 1921, [https://openlegaltextbook.ddns.net/Codes/archives/vol040/Vol040_P112.pdf P.40/112]</font></p> | |||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P076.pdf P.86/76]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 123: | Line 155: | ||
====== '''Section 642.''' ====== | ====== '''Section 642.''' ====== | ||
* The contractor is not liable for defects or delay caused by the hirer of work. | * The contractor is not liable for defects or delay caused by the hirer of work. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P076.pdf P.86/76]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 130: | Line 164: | ||
====== '''Section 643.''' ====== | ====== '''Section 643.''' ====== | ||
* In case of delay in delivery or of delivery of a defective work, the hirer of work is entitled to withhold the price as provided by Section 411 concerning sale. | * In case of delay in delivery or of delivery of a defective work, the hirer of work is entitled to withhold the <font style='color:maroon'><s>price</s> <u>remuneration</u></font> as provided by Section 411 concerning sale. | ||
<p align=right><font style='color:darkslategray'>- Commission of Codification, 4th Nov. 1921, [https://openlegaltextbook.ddns.net/Codes/archives/vol040/Vol040_P112.pdf P.40/112]</font></p> | |||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P078.pdf P.86/78]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 140: | Line 177: | ||
* [I] The liability of the contractor for defects is limited to the defects appearing within one year after delivery of the work. | * [I] The liability of the contractor for defects is limited to the defects appearing within one year after delivery of the work. | ||
* [II] If the work is for a structure on land other than a wooden building, the contractor is liable for the defects which may appear within five years after delivery of the work. | * [II] If the work is for a structure on land other than a wooden building, the contractor is liable for the defects which may appear within five years after delivery of the work. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P078.pdf P.86/78]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 148: | Line 187: | ||
====== '''Section 645.''' ====== | ====== '''Section 645.''' ====== | ||
* The liability of the contractor is extinguished by prescription one year after the defect appeared. | * The liability of the contractor is extinguished by prescription one year after the defect appeared. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P078.pdf P.86/78]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 155: | Line 196: | ||
====== '''Section 646.''' ====== | ====== '''Section 646.''' ====== | ||
* If the work is to be done by instalments and the price is fixed at so much per instalment, the agreed part of the price must be paid on delivery of each instalment. | * If the work is to be done by instalments and the <font style='color:maroon'><s>price</s> <u>remuneration</u></font> is fixed at so much per instalment, the agreed part of the <font style='color:maroon'><s>price</s> <u>remuneration</u></font> must be paid on delivery of each instalment. | ||
<p align=right><font style='color:darkslategray'>- Commission of Codification, 4th Nov. 1921, [https://openlegaltextbook.ddns.net/Codes/archives/vol040/Vol040_P112.pdf P.40/112]</font></p> | |||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P078.pdf P.86/78]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 163: | Line 207: | ||
====== '''Section 647.''' ====== | ====== '''Section 647.''' ====== | ||
* The contractor cannot claim more, nor the hirer of work pay less, than the price agreed, no matter what the actual labour was. | * The contractor cannot claim more, nor the hirer of work pay less, than the <font style='color:maroon'><s>price</s> <u>remuneration</u></font> agreed, no matter what the actual labour was. | ||
<p align=right><font style='color:darkslategray'>- Commission of Codification, 4th Nov. 1921, [https://openlegaltextbook.ddns.net/Codes/archives/vol040/Vol040_P112.pdf P.40/112]</font></p> | |||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P080.pdf P.86/80]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 171: | Line 218: | ||
====== '''Section 648.''' ====== | ====== '''Section 648.''' ====== | ||
* <<s>If an estimate only was made for the work, and the | * <font style='color:maroon'><s>[I] If an estimate only was made for the work, and the remuneration is not more than five per cent over the estimate, the hirer of work is bound to accept the work and pay the remuneration.</s></font> | ||
* <<s>If the | * <font style='color:maroon'><s>[II] If the remuneration is more than five per cent over the estimate, the hirer of work can claim cancellation of contract.</s> | ||
* | * <u>If the contract is based upon an estimate of costs without the contractor assuming that such an estimate is correct and final, and the costs for the work exceed the estimate, the following rules shall apply:</u> | ||
* | ** <u>(1) if the costs are not more than file percent over the estimate, the hirer of work is bound to accept the work and pay the remuneration;</u> | ||
* | ** <u>(2) if the costs are more than five percent over the estimate, the hirer of work can claim cancellation of the contracts.</u></font> | ||
<p align=right><font style='color:darkslategray'>- Commission of Codification, 28th Nov. 1921, [https://openlegaltextbook.ddns.net/Codes/archives/vol040/Vol040_P113.pdf P.40/113]</font></p> | |||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P080.pdf P.86/80]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 183: | Line 233: | ||
====== '''Section 649.''' ====== | ====== '''Section 649.''' ====== | ||
* The hirer of work is bound to pay any excess of price caused by him. | * The hirer of work is bound to pay any excess of <font style='color:maroon'><s>price</s> <u>remuneration</u></font> caused by him. | ||
<p align=right><font style='color:darkslategray'>- Commission of Codification, 4th Nov. 1921, [https://openlegaltextbook.ddns.net/Codes/archives/vol040/Vol040_P112.pdf P.40/112]</font></p> | |||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P080.pdf P.86/80]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 192: | Line 245: | ||
====== '''Section 650.''' ====== | ====== '''Section 650.''' ====== | ||
* If the work is destroyed before delivery by force majeure, neither party is entitled to compensation. | * If the work is destroyed before delivery by force majeure, neither party is entitled to compensation. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P080.pdf P.86/80]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 200: | Line 255: | ||
====== '''Section 651.''' ====== | ====== '''Section 651.''' ====== | ||
* If the work is destroyed before delivery because the materials supplied by the hirer of work a defective or unsuitable, or through the act or fault of the hirer of work, the contractor is entitled to compensation for labour done and expenses incurred by him. | * If the work is destroyed before delivery because the materials supplied by the hirer of work a defective or unsuitable, or through the act or fault of the hirer of work, the contractor is entitled to compensation for labour done and expenses incurred by him. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P083.pdf P.86/83]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 208: | Line 265: | ||
====== '''Section 652.''' ====== | ====== '''Section 652.''' ====== | ||
* As long as the work is not finished, the hirer of work can determine the contract on making compensation to the contractor for any injury resulting from the determination of the contract. | * As long as the work is not finished, the hirer of work can determine the contract on making compensation to the contractor for any injury resulting from the determination of the contract. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P083.pdf P.86/83]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 216: | Line 275: | ||
====== '''Section 653.''' ====== | ====== '''Section 653.''' ====== | ||
* [I] A contract of hire of work may be determined at the death of the contractor by the heirs of the contractor giving notice to the hirer of work within two months after such death. | * [I] A contract of hire of work may be determined at the death of the contractor by the heirs of the contractor giving notice to the hirer of work within two months after such death. | ||
* [II] The hirer of work is bound to accept such part of the work as is already done, and to pay a reasonable <font style='color:maroon'><s>price</s> <u>remuneration</u></font> for it, provided that it be of some use to him. | |||
* [II] The hirer of work is bound to accept such part of the work as is already done, and to pay a reasonable price for it, provided that it be of some use to him. | |||
<p align=right><font style='color:darkslategray'>- Commission of Codification, 4th Nov. 1921, [https://openlegaltextbook.ddns.net/Codes/archives/vol040/Vol040_P112.pdf P.40/112]</font></p> | |||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P083.pdf P.86/83]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
| Line 226: | Line 287: | ||
====== '''Section 654.''' ====== | ====== '''Section 654.''' ====== | ||
* The contractor can sublet the whole or part of the contract to subcontractors unless the contract is one in which the personality of the contractor forms an essential part, but he remains liable for any act or fault of such subcontractors. | * The contractor can sublet the whole or part of the contract to subcontractors unless the contract is one in which the personality of the contractor forms an essential part, but he remains liable for any act or fault of such subcontractors. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P084.pdf P.86/84]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
Latest revision as of 08:57, 13 October 2026
BOOK III ON SPECIFIC CONTRACTS. (April 1924)
- The following text of the Draft for the Book III of the "Civil and Commercial Code for the Kingdom of Siam" was reconstructed from the Documents in Vols. 40, 41, 42, 43, 44, 45, 46, 47, 86, 87, 88, and 89 of “The Archives of the History of Thai Codification”.
- For the details, please, refer to the page of "Introduction" and the "Introductory Notes" to the "Reconstructed Book III on Specific Contracts".
Section 628.
- A contract of hire of work is a contract whereby a person, called the contractor, agrees to do a definite work for another person, called hirer of work, and the hirer of work agrees to pay him a remuneration for the result of the work a remuneration
, called the price.
- Commission of Codification, 4th Nov. 1921, P.40/112
- Thai translation: P.86/71b
《Genealogies》
Section 629.
- Tools or instruments which are necessary for the execution of the work shall be supplied by the contractor.
- Thai translation: P.86/71b
《Genealogies》
Section 630.
- If the materials for the work are to be supplied by the contractor, the contractor shall supply materials of good quality.
- Thai translation: P.86/71b
《Genealogies》
Section 631.
- If the materials are to be supplied by the hirer of work, the contractor shall use them carefully and without waste. He shall return the surplus, if any, after the work is completed.
- Thai translation: P.86/71b
《Genealogies》
Section 632.
- If during the execution of the work it becomes apparent that the ground selected by the hirer of work or the materials supplied by him are defective or unsuited to the work, the contractor must notify the hirer of work at once, failing which he shall be liable for the defects or delay caused by the unsuitableness or defects of such ground or materials.
- Thai translation: P.86/72
《Genealogies》
Section 633.
- The contractor is bound to allow the hirer of work or his agents to inspect the work during its execution.
- Thai translation: P.86/72
《Genealogies》
Section 634.
- If the hirer of work has reasonable ground to think that for any reason whatsoever except his own act or fault, the work will not be finished within the time fixed in the contract ( or within a reasonable time if no time is fixed in the contract), he may notify the contractor to proceed with the work within a reasonable time to be fixed in the notice.
- Thai translation: P.86/72
《Genealogies》
Section 635.
- If for any reason whatsoever except the act or fault of the hirer of work, the work is being badly executed or is being executed contrary to the terms of the contract, the hirer of work may notify the contractor to make the defects good or to comply with the terms of the contract within a reasonable time to be fixed in the notice.
- Thai translation: P.86/75
《Genealogies》
Section 636.
- If the work delivered is defective, the hirer of work must, immediately after the discovery of the defect, notify the contractor to make the defect good within a reasonable time to be fixed in the notice, failing which he is deemed to have accepted the defective work.
- Thai translation: P.86/75
《Genealogies》
- Draft of 1919: Ob.568
- Code of January 1925: -
- Code of January 1929: -
Section 637.
- If the contractor does not comply with the notice, the hirer of work has the remedies described in this Code concerning non-performance, except that the Court cannot order the work to be done by a third person at the expense of the contractor.
- Thai translation: P.86/75
《Genealogies》
- Draft of 1919: Ob.569
- Code of January 1925: -
- Code of January 1929: -
Section 638.
- If the materials have been supplied by the contractor, his liability for defects is governed by the provisions of this Code concerning sale.
- Thai translation: P.86/75
《Genealogies》
Section 639.
- If the work is delivered after the time fixed in the contract, or, if no time was fixed, after an unreasonable delay, the hirer of work is entitled, as the Court may think fit, either to a reduction of
priceremuneration on cancellation of the contract, with compensation if any be due.
- Commission of Codification, 4th Nov. 1921, P.40/112
- Thai translation: P.86/76
《Genealogies》
Section 640.
- If the hirer of work has accepted the work without reservation either expressly or impliedly the contractor is no longer liable for delay in delivery or for defects, unless the defects were such as could not be discovered when the work was accepted, or they had been concealed by the contractor.
- Thai translation: P.86/76
《Genealogies》
Section 641.
- If the work was done on land and its removal would be unreasonably expensive, the contract shall not be cancelled but the hirer of work shall be entitled to such reduction of
priceremuneration as the Court may think fit.
- Commission of Codification, 4th Nov. 1921, P.40/112
- Thai translation: P.86/76
《Genealogies》
- Draft of 1919: Ob.573
- Code of January 1925: -
- Code of January 1929: -
Section 642.
- The contractor is not liable for defects or delay caused by the hirer of work.
- Thai translation: P.86/76
《Genealogies》
- Draft of 1919: Ob.574
- Code of January 1925: -
- Code of January 1929: -
Section 643.
- In case of delay in delivery or of delivery of a defective work, the hirer of work is entitled to withhold the
priceremuneration as provided by Section 411 concerning sale.
- Commission of Codification, 4th Nov. 1921, P.40/112
- Thai translation: P.86/78
《Genealogies》
Section 644.
- [I] The liability of the contractor for defects is limited to the defects appearing within one year after delivery of the work.
- [II] If the work is for a structure on land other than a wooden building, the contractor is liable for the defects which may appear within five years after delivery of the work.
- Thai translation: P.86/78
《Genealogies》
Section 645.
- The liability of the contractor is extinguished by prescription one year after the defect appeared.
- Thai translation: P.86/78
《Genealogies》
Section 646.
- If the work is to be done by instalments and the
priceremuneration is fixed at so much per instalment, the agreed part of thepriceremuneration must be paid on delivery of each instalment.
- Commission of Codification, 4th Nov. 1921, P.40/112
- Thai translation: P.86/78
《Genealogies》
- Draft of 1919: Ob.578
- Code of January 1925: -
- Code of January 1929: -
Section 647.
- The contractor cannot claim more, nor the hirer of work pay less, than the
priceremuneration agreed, no matter what the actual labour was.
- Commission of Codification, 4th Nov. 1921, P.40/112
- Thai translation: P.86/80
《Genealogies》
- Draft of 1919: Ob.579
- Code of January 1925: -
- Code of January 1929: -
Section 648.
[I] If an estimate only was made for the work, and the remuneration is not more than five per cent over the estimate, the hirer of work is bound to accept the work and pay the remuneration.[II] If the remuneration is more than five per cent over the estimate, the hirer of work can claim cancellation of contract.- If the contract is based upon an estimate of costs without the contractor assuming that such an estimate is correct and final, and the costs for the work exceed the estimate, the following rules shall apply:
- (1) if the costs are not more than file percent over the estimate, the hirer of work is bound to accept the work and pay the remuneration;
- (2) if the costs are more than five percent over the estimate, the hirer of work can claim cancellation of the contracts.
- Commission of Codification, 28th Nov. 1921, P.40/113
- Thai translation: P.86/80
《Genealogies》
- Draft of 1919: Ob.580
- Code of January 1925: -
- Code of January 1929: -
Section 649.
- The hirer of work is bound to pay any excess of
priceremuneration caused by him.
- Commission of Codification, 4th Nov. 1921, P.40/112
- Thai translation: P.86/80
《Genealogies》
- Draft of 1919: Ob.581
- Code of January 1925: -
- Code of January 1929: -
Section 650.
- If the work is destroyed before delivery by force majeure, neither party is entitled to compensation.
- Thai translation: P.86/80
《Genealogies》
Section 651.
- If the work is destroyed before delivery because the materials supplied by the hirer of work a defective or unsuitable, or through the act or fault of the hirer of work, the contractor is entitled to compensation for labour done and expenses incurred by him.
- Thai translation: P.86/83
《Genealogies》
Section 652.
- As long as the work is not finished, the hirer of work can determine the contract on making compensation to the contractor for any injury resulting from the determination of the contract.
- Thai translation: P.86/83
《Genealogies》
Section 653.
- [I] A contract of hire of work may be determined at the death of the contractor by the heirs of the contractor giving notice to the hirer of work within two months after such death.
- [II] The hirer of work is bound to accept such part of the work as is already done, and to pay a reasonable
priceremuneration for it, provided that it be of some use to him.
- Commission of Codification, 4th Nov. 1921, P.40/112
- Thai translation: P.86/83
《Genealogies》
Section 654.
- The contractor can sublet the whole or part of the contract to subcontractors unless the contract is one in which the personality of the contractor forms an essential part, but he remains liable for any act or fault of such subcontractors.
- Thai translation: P.86/84
《Genealogies》
